SERVED AUGUST 9, 2011 

•;EPARTf>€MTOF 

U.S. DBPARTMBNT OFTRANSPORTATlON'-i^Yr-fYrp^^ 

OFFICE OF HEARINGS •---••v-- • -- '-^ - • -

WASHrNGTON, DC ^p^j^ ^ .. ^ _,^ q. 32 

[NTHEMA'iTEROF 

AMERICA N AIRLINES 

FA A DOCKET NO. CPIOSW0006 

(Civil Penalty Action) 

DMS No. FAA-2010-0532 

AMENDED PROCEDURAL ORDER 

And 

HEARING NOTICE 

Paragraph #2 of the Procedural Order' is amended as follows^: 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the following 

procedural schedule: 

... On or before September 15, 20J /. the parlies shall conclude all discovery 

including, but not limited to, depositions, document production, responses to 

production requests and/or interrogatories. If the parties cannot resolve a 

discovery dispute they shall submit the dispute to the undersigned for resolution 

in a timely manner... 

NOTICE IS HEREBY GIVEN thai testimony and evidence will be heard and considered 

on September 27 and 28, 2011 hi the National Transportation Safety Board Hearing, 

Room, 624 Six Flags Drive, Suite 150, Arlington, Texas, 76011. Hearings will 

commence at 9:00 a.m. and conclude at 4:30 p.m. each day. The parties should vacate 

the courthouse on or before 5:00 p.m. each day. 

' Materials filed in ihe FAA Hearing Docket (except for materials filed in security cases) are also available 

for viewing at hitn://wwu:reiiulalions.pov. 

^ The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalty cases, are available on the internet at; 

Iinp://wwwfaa.^ov/aboul/ojpcej3rg/headquariers_ojjiccs/agc/polj2djudicatiot^agc400/civiljienalt\'/; see 

• also: htip://ecfr.gpoaccess.gov/cgi/t/texi/{exi-idx?c=ecfr&tpl=/ecfrbrowse/Titlel4/}4tab_02.[p!. In 

addition, Thomson Reulers/West Publishing publishes Federal Aviation Decisions. Finally, the decisions 

are available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database). For additional 

information, see the Web site. 
Settled cases will not be removed from the docket until the Judge receives ihe proper 

pleading(s).'' Pleadings tnay be forwarded by fax, express mail, courier or postal service. 

Attacliment - Service List 

U.S. Administrative Law Judge 

•' "The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

settlement negotiations in order to foster frank discussions". (Fiberglass Insulators, Inc v Dupuy, ct al, 

(856F. 2d652, 26Feci. R. Evid. Serv. 1225, 1988. See also Coak]cy& Williams Construction, 

Incorporated v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCormick on Bvid. 

§266 (6th ed.); Rule 6S of the Federal Rulesof Civil Procedure.). Rule 408 of the Federal Rules of 

Evidence ''...prohibits the admission of statements made in compromise negotiations..." (In the Matter of 

Africa Air Corporation, FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging frank 

selllemem discussions is as compelling in FAA civil penalty proceedings as iv is in Federal 'frials. Hence, 

its guidance will be followed in these proceeds." (Id.) 
FAA Docket No. CP10SW0006 

(Civil Penally Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1OOO' 

ONE COPY 

Evaii P. Singer, Respondent's Counsel 

JONES DAY 

2727 Nortli Harwood Street 

Dallas, TX 75201-1515 

TEL: 214-969-5021 

FAX: 214-969-5100 

Francis C. Hell, Esq. 

American Airlines, Inc. 

IIOI 17"^ Street, N.W. 

Washington, DC 20036 

TEL: 202-496-5642 

FAX: 202-496-5100 

Yolanda Ayala Bernal, Complainanf 's Counsel 

Attorney, Safety Enforcement Branch 

Southwest Region, ASW-7E3 

Federal Aviation Administrahon 

2601 Meacham Blvd , Room 663 

Fort Worth, TX 76137 

TEL: 817-222-5070 

FAX: 817-222-5945 or 5092 

The Honorable Richard C. Goodwin, Administrative LawJudge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El 2-320 

Washington, DC.20590--

TEL: ^202-366^2)39 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Ser\'icc was by U.S. Mail. For service in person or by expedited courier, use tlie following address: Federal 

Aviation Adniinislralion, 600 hidependence Avenue. S.W., Wilbur Wright Building—Suite 2WI000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.